The Freedom of the Seas

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Independent criticism of the soundness of the Rule as a principle of belligerency, which M. Drouyn's statement would appear to suggest, is wanting. The Rule has been included in the general condemnation of belligerent interference with the neutral trade with the enemy ; but in the last section of the French Memo- randum (see pp. 29, 32) there is an express recognition of the right to prevent neutrals trading on behalf of the enemy : in other words, identifying themselves with the enemy, which i
...s precisely the principle on which the " Rule of 1756 " rests. It is a fact, however, that when two Powers have agreed to allow trading with one. Another's enemies, there is often a special provision that this trade may be carried on " from port to port " of the enemy. This referred to the coasting trade; also, it was contended, to the colonial trade. Such a provision exists in the Commercial Treaty of Utrecht between England and France. England also accepted it in the treaty concluded with Russia in 1801 as a quid pro quo for Russia's abandonment of " free ships free goods.

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